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Padres prospect pleads guilty in case involving transport of undocumented immigrants

Padres pitching prospect Humberto Cruz’s career in the United States will be on hold for quite some time.

The 19-year-old has pleaded guilty to a misdemeanor charge related to taking money to transport undocumented immigrants within the United States. In his plea agreement, Cruz acknowledged that as a non-U.S. citizen, it was a “virtual certainty” that he’d be deported.

It is the Padres’ understanding that Cruz has also lost his work visa for 10 years, although he can reapply after five years of demonstrating good behavior.

Cruz is ranked fifth among Padres prospects by MLB.com. He signed for $750,000 in February 2024 out of Monterrey, Mexico. He underwent Tommy John surgery on Aug. 28 and was rehabbing his elbow at the team’s spring training facility in Peoria, Ariz., in late October at the time of his arrest near a border town in Arizona.

The Padres placed Cruz on the restricted list in mid-March and have declined further comment.

Cruz, who is back in Mexico, released a lengthy statement through the Padres:

“To my teammates, the organization, our fans, and my family, I want to express my sincere regret for a recent lapse in judgment that has caused disappointment to many people I deeply respect. I understand that my actions have fallen short of the standards expected of me as a professional and as a representative of this organization. I take responsibility for my conduct and recognize the impact it has had on my teammates, the club, and those who support us. To my teammates and coaches, I apologize for becoming a distraction and for not upholding the level of professionalism you deserve. To the fans, I am sorry for letting you down and for failing to meet the trust placed in me. Your support means a great deal, and I regret not honoring it in the way I should have. To my family, I am grateful for your continued support and understanding during this difficult time. I regret the stress and disappointment this situation has caused. I am committed to reflecting on this moment, learning from it, and taking the appropriate steps to move forward in a positive and responsible manner. I will cooperate fully with the organization and any steps required of me, as I remain focused on personal growth and accountability. Thank you to everyone who has reached out with support and honesty. I understand that trust must be earned, and I am prepared to do that through my actions going forward.”

According to a criminal complaint filed in Arizona federal court, Cruz was arrested Oct. 28 near the border town of Lukeville on a highway that runs north to Gila Bend.

U.S. Border Patrol agents were monitoring the highway when they noticed a 2020 BMW SUV heading south toward the border occupied only by the driver, then a short time later noticed the same SUV heading north with two passengers, according to a criminal complaint.

That “seemed suspicious” to the agents, who determined that the BMW could not have made it to the Lukeville Port of Entry to pick up passengers and then back to their location so quickly, according to the complaint. Suspecting that the driver might be transporting undocumented immigrants, Border Patrol agents conducted a traffic stop and soon determined Cruz’s two passengers were Mexican citizens in the U.S. without documentation. One of the men in the SUV had been removed from the U.S. through an Arizona border crossing by immigration officials just four days earlier, according to the court document.

Cruz waived his Miranda rights and agreed to speak with the agents, telling them that he responded to a social media advertisement offering “easy money” for driving people, according to the complaint. According to the complaint, he told the agents he knew “they were illegal” and expected to be paid $1,000 for every person he picked up and transported.

“When asked why he decided to transport illegal aliens, he stated he needed the extra money as he does not work in the late afternoons,” the complaint stated.

Federal prosecutors in Arizona initially charged Cruz with a felony count of transporting undocumented immigrants for financial gain and a misdemeanor count of being an accessory after the fact to improper entry into the U.S.

Cruz pleaded guilty in November to the misdemeanor count in exchange for prosecutors dismissing the more serious felony charge. On Nov. 14, an Arizona federal judge sentenced him to 30 days in prison with credit for time served.

An attorney who represented Cruz in the case declined to comment when reached by phone Friday, saying he no longer worked for the same firm. He said he believed that Cruz is now facing a non-criminal immigration case.

Meghan Heesch, a former immigration judge who is now a partner at the firm Sanford Heisler Sharp McKnight, said that after a criminal case is complete, it’s the Department of Homeland Security’s responsibility to decide what kind of immigration consequences to pursue. That can include issues of deportation and revocation of work visas, among other actions.

“DHS holds all the cards,” Heesch said.

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